Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860-s. 306-Conviction under on presumption under Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860-s. 306-Conviction under on presumption under Section 113-A of Evidence Act-In absence of specific charge thereunder-Propriety of-Held: Such conviction was permissible-Even in absence of presumption in terms of s. 113-A, the circumstances of the case were relatable to s. 306-Evidence Act, 1872-s 113-A-Code of Criminal Procedure, 1973-ss. 222(2) and 464.Appellant-accused with another co-accused (his father) was charged of having caused death of his wife (deceased). Appellant, after his marriage with the deceased used to humiliate the deceased and her family members for bringing inadequate dowry and for being of dark complexion. They had also publicly abused the informant-PW-1 and the same was witnessed by many PWs. On the date of event PW 1 got an information that the deceased had committed suicide. PW-1 seeing several injuries on the body of the deceased inferred she was done to death by the appellant in conspiracy with his elder brother. Complaint was lodged by him. Prior to this report the coaccused had given an information that the deceased had committed suicide by hanging. Doctor noted major injuries on the body of the deceased. During trial incriminating materials relating to torture, harassment and demand of dowry were brought to the notice of appellant during his examination under Section 313 Cr. P.C. Neighbours of the appellant also deposed that appellant used to beat his wife. Trial Court convicted both the accused under Section 302 IPC. In appeal, High Court set aside the conviction under Section 302 and convicted the accused under Section 306 IPC on presumption in terms of s. 113-A of Evidence Act. Co-accused had died during pendency of appeal before High Court. In appeal to this Court, the question for determination was whether the High Court was correct in convicting the accused under Section 306 IPC in absence of specific charge thereunder. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 46 |
Petitioner | Virendra Kumar |
Respondent | State Of U.p. |
SCR | [2007] 1 S.C.R. 970 |
Judgement Date | 2007-01-16 |
Case Number | 69 |
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